Denial of Unemployment Benefits

In Texas, we enjoy the benefits of "at-will" employment. Unless changed by an employment agreement, employees and employers have the right to start or terminate a job with or without cause.

This concept is different from the question of whether an employee is entitled to receive unemployment benefits after termination. That question is answered by the Texas Labor Code.

In essence, a former employee can be disqualified from receiving unemployment benefits for the following reasons:

• discharge for misconduct connected with the work

• voluntary quit for personal reasons

• refusal of suitable work without good cause

• work stoppage resulting from participation in a labor dispute

• receipt of wages in lieu of notice, workers' compensation, or retirement pension

A recent case from the appellate court in Texarkana, addressed the first reason. In TEXAS WORKFORCE COMMISSION V. BL II LOGISTICS, L.L.C., No. 06-07-00031-CV, the appellate court held that an employer's mere suspicion of misconduct connected with the work is not enough to disqualify a former employee from receiving unemployment benefits.

Send me an email if you would like a copy of the case in pdf form. Email Houston Lawyer at RochaLawFirm@gmail.com